Last Modified: May 9, 2016

These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the domain HenuRents.com or HenuEquipment.com (the “Website”), the HENU mobile application (the “Application”), the HENU mobile website, or any of HENU, Inc.’s services (the “Services”) (collectively, the “Sites”). The following Terms of Use define your rights and responsibilities as a user (“User” or “you”) of the Sites, which are operated by HENU, Inc. (“HENU,” “we,” or “us”).

You must read, agree with, and accept the Terms of Use before you start to use the Sites. As a User, clicking to accept or to agree to the Terms of Use when this option is made available to you constitutes your assent to be bound and abide by these Terms of Use and the Privacy Policy for the Website and the Mobile Application, respectively (the “Privacy Policies”), incorporated herein by reference. No conditions other than those set forth herein shall be binding on HENU, unless specifically agreed to in writing by HENU. If you do not agree to any part of these Terms of Use or the Privacy Policies, please do not access, browse or use the Sites.

Description of Services

We provide Services via the Sites to assist Users in listing, offering to rent or sell, or renting construction equipment (the “Equipment”) from other Users. The Sites operate as a neutral venue allowing Users seeking to rent (“Renters”) or buy (“Buyers”) Equipment and Users who own Equipment (“Owners”) to locate and contact each other, negotiate, and coordinate Equipment rentals (“Rentals”) and sales (“Sales”). Owners who advertise on the Sites may offer Equipment for rent at various pricing and shipping options to Renters. Renters may search listings for Equipment available for rent. Once a Rental is finalized, the Renter may elect to use other shipping options offered by HENU via the Sites. Users seeking to sell Equipment (“Sellers”) may also list or advertise Equipment, and conversely, Buyers may search listings for Equipment available for sale. While Rental transactions may be effectuated directly through the HENU Sites, no sale transactions may be consummated through any of the Sites. For sales transactions, therefore, HENU merely promotes and advertises Equipment for sale, serves as a point of contact between Sellers and Buyers, and facilitates communications between Sellers and Buyers. Unless otherwise stated, HENU does not own or manage any piece of Equipment listed on the Sites, nor is HENU able to contract for any piece of Equipment listed on the Sites. HENU serves only as a platform for the purpose of facilitating payments, shipments (if applicable), and communications between Renters, Buyers, Sellers, and Owners. We are not a party to the transaction(s) between Renters, Buyers, Sellers, or Owners. As such, we have no control over the quality, safety, or legality of the Equipment advertised on the Sites; the truth or accuracy of Equipment listings; the legal or regulatory compliance of any Rental or Sales Equipment; the ability of Owners to rent or Sellers to sell Equipment; the ability of Renters to rent the Equipment or Buyers to buy the Equipment; or the acts or omissions of Owners, Renters, Sellers, or Buyers. HENU does not guarantee that a Renter, Buyer, Seller, or Owner will actually complete any transaction and is not liable for the failure of any party to fulfill its obligations under any rental or sales agreement as a result of the direct or indirect use of the HENU Sites.

HENU serves only as a platform for the purpose of facilitating payments, shipments, if applicable, and communications between Renters and Owners. We are not a party to the transaction(s) between Owners and Renters. As such, we have no control over the quality, safety, or legality of the Equipment advertised on the Sites; the truth or accuracy of Equipment listings; the legal or regulatory compliance of any Rentals; the ability of Owners to rent Equipment; the ability of Renters to rent the Equipment; or the acts or omissions of Owners or Renters. HENU does not guarantee that an Owner or Renter will actually complete a transaction and will not be liable for the failure of any party to fulfill its obligations under any Rental agreements.

Changes to the Terms of Use

HENU may from time to time revise and update these Terms of Use in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Sites thereafter, although we may provide notice to the User by other means. Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction [← link to section within agreement] will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Sites.

Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes therein. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Must Be At Least 18 Years Old to Use the Sites

The Sites are offered and available only to individuals who are 18 years of age or older. We make no active effort to collect personal information from individuals under the age of 18. By using the Sites, you represent and warrant that you are (i) at least 18 years of age and are competent to contract in your own name; or (ii) represent and are authorized by an organization to enter it into binding contracts. If you do not meet these requirements, you must not access or use the Sites.

Accessing the Sites and Account Security

HENU reserves the right to discontinue transmitting all or any parts of the content related to the Sites; amend the Sites and any Services or material provided on it; change, discontinue, or limit access to the Sites; and suspend or terminate your use or access to the Sites or your account in our sole discretion, with or without notice. We will not be liable if, for any reason, all or any part of the Sites is unavailable at any time or for any period.

The User is responsible for:

• Making all arrangements necessary to have access to the Sites; and
• Ensuring that all persons who access the Sites through the User’s Internet connection are aware of these Terms of Use and comply with them.

To access the Sites or the resources they offer, you may be asked to provide certain registration details or other information (“Account Information”), including but not limited to contact and Equipment information. It is a condition of your use of the Sites that all Account Information is correct, current, and complete. You agree to update your Account Information in the event of any changes related to Equipment listings or contact information. We may deliver notices to you at the email address provided in your Account Information, and such notices shall be considered delivered when sent, regardless of whether you continue to maintain or use said email address. You agree that all information you provide on the Sites is governed by the Privacy Policies and you consent to all actions we take with respect to your information consistent with the Privacy Policies.

If you choose, or are provided with, a user name, password, or any other piece of information as part of HENU’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites, or to portions of the Sites, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

HENU has the right to disable any user name, password, or other identifier, whether chosen by User or provided by HENU, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Sites and all their entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HENU, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The HENU name, the terms [LIST HENU’s TRADEMARKS], the HENU logo, and all related names, logos, product and service names, designs and slogans are trademarks of HENU or its affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

Nothing in the Sites shall be interpreted as granting any license to use any image, trademark, logo, or service mark contained therein. These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Sites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Internet browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• You may download a single copy of the Application to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Sites or any services or materials available through the Sites. If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: support@henuequipment.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at HENU’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites, or any content on the Sites, is transferred to you, and HENU reserves all rights not expressly granted herein. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Intellectual Property Rights

The Sites and all their entire content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HENU, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you or your agent may send HENU a notice requesting that it remove the material or block access to it. Conversely, if you believe in good faith that a notice of copyright infringement regarding the materials has been wrongly filed against you, the DMCA permits you to send HENU a counter-notice disputing said notice.

Notices and counter-notices should be sent to:

James Merritt
2676 Cottonwood Drive, Marietta, GA 30066
+1-678-521-2247
Jmerritt@henuequipment.com

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate HENU, a HENU employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by HENU, may harm HENU or users of the Sites or expose them to liability.

Additionally, you agree not to:

• Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Attempt to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites.
• Otherwise attempt to interfere with the proper working of the Sites.

User Contributions

By using the Sites you and other users may provide information which may be used by HENU in connection with the Services and which may be visible to certain other users. You understand that by posting information or content to the Sites such as your name, trademark, logos, service marks and other designations, Equipment listings, user reviews, or other information meant to be visible and used by other users (collectively, "User Contributions"), these User Contributions will be considered non-confidential and non-proprietary, and HENU, its affiliates, and service providers, and each of their and HENU’s respective licensees, successors, and assigns are granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to fully exploit such User Contributions (including all related intellectual property rights) in connection with providing the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to HENU and its affiliates and service providers, and each of their and HENU’s respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, and not HENU, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites.

Listing Conditions

Listing Conditions

Monitoring and Enforcement; Termination

HENU has the right to:

• Review and verify the information contained in Equipment listings.
• Remove or refuse to post any User Contribution, for any or no reason, and at any time.
• Cancel any transaction that HENU deems to be suspicious or fraudulent, and report such activity to all applicable authorities.
• Take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion, including if HENU believes that such User Contribution violates the Terms of Use, including the Content Standards; infringes any intellectual property right or other right of any person or entity; threatens the personal safety of users of the Sites or the public; or could create liability for HENU.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Sites.
• Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites.

YOU WAIVE AND HOLD HARMLESS HENU AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HENU AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HENU, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding the foregoing, HENU does not undertake to review all material before it is posted on the Sites, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to any and all User Contributions and use of interactive services on the Sites. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policies.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by HENU or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. HENU disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by HENU are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HENU. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Changes to the Sites

We may update the content on the Sites from time to time, but its content is not necessarily always complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Sites

All information collected by HENU on the Website and Application is subject to the Privacy Policies. By using the Website and the Application, you consent to all actions taken by HENU with respect to your information in compliance with the Privacy Policies.

Master Rental Agreement

HENU is neither a lessor nor a lessee of any Equipment. In the absence of another agreement, the terms of HENU’s master rental agreement (the “Rental Agreement”) shall govern the terms of any Rental made through the Sites, and such terms, together with the Equipment description posted on the Sites and these Terms of Use, shall constitute the entire agreement between such Renter and Owner regarding the applicable Equipment. A Renter and an Owner may create and use their own rental terms and/or modify the Rental Agreement to suit their individual needs and circumstances. Any such additional and/or modified terms or conditions must be clearly displayed on the Owner’s Equipment Profile Page to be enforceable. Notwithstanding the foregoing, HENU is not a party to the dealing, negotiation, contracting, or fulfillment of any Rental between a Renter and an Owner. All rights and obligations of a Renter to an Owner in their respective rental agreement are solely as between such Renter and Owner. The Sites serve solely as a platform to facilitate the payment and shipping arrangements, as well as the communication between such Renter and Owner.

Disputes Between Renters, Owners, and Other Users

HENU reserves the right, but is under no obligation, to monitor disputes between User and any Renter, Owner, and/or other party listed on the Sites (individually, a “Party,” and collectively, the “Parties”). You are solely responsible for your interaction with other users on the Sites. In the event of a dispute between you and a Party or Parties, you agree to release HENU, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, demands, and damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute to the maximum extent permitted by law.

IN MAKING THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN AGREEING TO THIS RELEASE.

Online Rentals and Other Terms and Conditions

Renters are required to pay HENU the full Rental fee under their applicable rental agreement, and any associated shipping charges with a major credit card, and are not responsible for making any payments directly to Owners. All payment information provided by a Renter must be accurate, current, and complete. By agreeing to these Terms of Use, Owner acknowledges and agrees that the price displayed on Owner’s Equipment Profile Page will govern the rental price of the equipment, without giving effect to the terms of the applicable rental agreement or any agreement by the parties otherwise.

While Owners are not charged a fee to list equipment on the Sites, they are required to pay HENU a Service fee based upon the revenue generated by the Owner under the applicable rental agreement.

By providing credit card information, you represent and warrant that you have the legal right to use the credit card to initiate any transaction. You agree to pay all charges incurred with the credit card at the prices that are in effect at the time the charges are incurred. Additionally, you represent and warrant that the credit card provided is valid and that you have sufficient funds to cover the Rental fees through the expiration of the Rental period. HENU may require verification of payment information prior to accepting any order.

Owners will automatically receive payment for Rentals coordinated through the Sites via HENU’s third party payment processor, Stripe. Owners are required to provide bank account, debit card and/or credit card information to Stripe in order to receive payments.

Owner is responsible for ensuring that all payment information is accurate, current, and complete. By using Stripe, you agree to be bound by Stripe’s terms and conditions and privacy policy.

Purchases, Sales, and Other Terms and Conditions

Potential Buyers searching for Equipment for sale are not required to register on the HENU Sites in order to contact a Seller regarding an item of Equipment. There are no fees for Potential Buyers to browse Equipment that is for sale or to contact Sellers. By using the Sites to search listings for sale or to contact a Seller, Buyers agree to comply with the following:

Fees

The commissions and fees HENU charges for using the Services (“Utilization Fees”) are listed on the HENU Fees page. HENU reserves the right, in its sole discretion, to change its Utilization Fees. For increases in Utilization Fees, HENU shall provide 7 days advance notice by posting any such changes on the Sites. For decreases in Utilization Fees or temporary promotions for the Services, no advance notice is required by HENU. To register on the Sites, Users are required to have a valid payment method on file with HENU. Registered Users are required to pay all fees and applicable taxes associated with the Services by the payment due date. In the event that your payment method on file is rejected, your payment otherwise fails to be processed, or your account is past due, HENU reserves the right to collect all outstanding fees owed by several alternative methods, including, but not limited to charging other payment method(s) on file with HENU, and retaining collection agencies or legal counsel. For accounts over 180 days past due, HENU reserves the right to request that Stripe directly deduct the amount owed from your Stripe account balance. All Users who fail to pay their account balance by the payment due date will be subject to a late fee(s). HENU reserves the right to report any late payments, missed payments, or defaults to your account to any credit reporting agency. For Sellers of Equipment, the Utilization Fees will be directly deducted from the amount due to Seller pursuant to the applicable sales agreement. For Sellers who have received full payment of the purchase price and all applicable costs and expenses, HENU will invoice any outstanding Utilization Fees directly to the Seller. Seller is solely responsible for verifying all applicable Utilization Fees prior to listing an item of Equipment on the Sites, and for payment of all applicable taxes and/or duties owed through the sale of Equipment.

Linking to the Sites and Social Media Features

You may link to the Sites, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation; however, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Sites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Sites.
• Send e-mails or other communications with certain content or links to certain content on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as HENU provides them; solely with respect to the content they are displayed with; and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Sites or portions of them to be displayed, or appear to be displayed, by for example framing, deep linking, or in-line linking on any other site.
• Link to any part of the Sites other than the respective homepages.
• Otherwise take any action with respect to the materials on the Sites inconsistent with any other provision of these Terms of Use.

User agrees to cooperate with HENU in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

HENU may disable all or any social media features and any links at any time without notice in its discretion.

Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

HENU owns the Sites and is based in the State of Georgia in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the content contained therein is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

User understands that HENU cannot and does not guarantee or warrant that files available for downloading from the Internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.

HENU WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER HENU NOR ANY PERSON ASSOCIATED WITH HENU MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR ACCESSABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER HENU NOR ANYONE ASSOCIATED WITH HENU REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HENU HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN OR CONDITION OF THE EQUIPMENT, OR INTELLECTUAL PROPERTY RIGHTS (INCLUDING WITHOUT LIMITATION ANY PATENT, COPYRIGHT AND TRADEMARK RIGHTS, OF ANY THIRD PARTY WITH RESPECT TO THE EQUIPMENT, WHETHER RELATING TO INFRINGEMENT OR OTHERWISE) WITH RESPECT TO THE EQUIPMENT.

Limitation on Liability

IN NO EVENT WILL HENU, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES; ANY WEBSITES LINKED TO THEM; ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES; OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, WHETHER FORESEEABLE OR NOT.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless HENU, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including without limitation expert and attorneys' fees) directly or indirectly arising out of, or relating to, your violation of these Terms of Use and your use of the Sites, including, but not limited to, your User Contributions; any use of the Sites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Sites.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without regard for conflicts of law principles (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, although HENU retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

HENU, in its sole discretion, may elect to submit any disputes arising from these Terms of Use or use of the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying Florida law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by HENU of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HENU to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between User and HENU with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites.

Comments and Concerns

The Sites are operated by HENU, Inc., 2676 Cottonwood Drive, Marietta, GA 30066.

All notices of copyright infringement claims should be sent to the designee named in Copyright Infringement Claims [link to section] in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: support@henuequipment.com